PROBLEM AREAS IN LEGAL ETHICS Atty. John Titus J.

Vistal, CPA, EnP

Discussion Guide, Wednesday-Thursday, November 15-16, 2017

INTEGRATED BAR OF THE PHILIPINES – CODE OF PROFESSIONAL RESPONSIBILITY

CHAPTER I. THE LAWYER AND SOCIETY

CANON 1 – A lawyer shall uphold the constitution, obey the laws of the land and promote
respect for law and for legal processes.
 A lawyer is a sacred advocate of law and an indispensable partner in the administration of justice.
He/she shall not allow any transgression thereof or worse, be an instrument in destroying the
very institution where his/her existence lies.
 ABA Model Code of Professional Responsibility: “Lawyers, as guardians of the law, play a vital
role in the preservation of society. The fulfillment ofthis role requires an understanding by
lawyers of their relationship with and function in our legalsystem. A consequent obligation of
lawyers is to maintain the highest standards of ethical conduct.”
 The legal profession is a privilege bestowed upon those deemed fit. Subsequently, that privilege
can be taken at any time if the lawyer is found lacking in fitness to continue exercising the noble
profession.
 Leslie Ui v. Atty. Iris Bonifacio, A.C. No. 3319, June 8, 2000 dealt with an administrative complaint
for disbarment against Atty. Iris Bonifacio for allegedly carrying on an immoral relationship with
Carlos L. Ui, husband of complainant Leslie Ui. Although the complaint was eventually dismissed,
the Supreme Court reiterated the requirements for the continued practice of law, including the
possession of a good moral character.
 Art. VIII, Sec. 5 of the 1987 Constitution:
The Supreme Court shall have the following powers:
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(5) Promulgate rules concerning the protection and enforcement of constitutional rights, pleading,
practice, and procedure in all courts, the admission to the practice of law, the integrated bar, and legal
assistance to the under-privileged. Such rules shall provide a simplified and inexpensive procedure for the
speedy disposition of cases, shall be uniform for all courts of the same grade, and shall not diminish,
increase, or modify substantive rights. Rules of procedure of special courts and quasi-judicial bodies shall
remain effective unless disapproved by the Supreme Court.
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 In re: Cunanan, et al, 94 Phil. 534: The Supreme Court declared as unconstitutional R.A. No. 972
otherwise known as the “Bar Flunkers Act of 1953” for being a manifest encroachment on the
constitutional responsibility of the Supreme Court on matters concerning admission to the
practice of law (except for that portion corresponding to the period from 1953-1955).
 Non-disclosure of pending cases is a ground for disqualification of an applicant.
 May a lawyer who is a member of the SangguniangPanlalawigan be allowed to practice law? Yes,
with certain exceptions.
 Ducat, Jr. v. Villalon, 337 SCRA 622: “Public confidence in law and in lawyers may be eroded by
the irresponsible and improper conduct of a member of the Bar.”
 Ronquillo v. Cezar, 491 SCRA 1: “A lawyer may be disciplined or suspended for any misconduct
whether in his professional or private capacity which shows him to be wanting in character, in
honest, in probity and good demeanor thus rendering him unworthy to continue as an officer of
the court.”
 Lawyer’s Oath: “I, __________________, do solemnly swear that I will maintain allegiance to the
Republic of the Philippines, I will support the Constitution and obey the laws as well as the
legal orders of the duly constituted authorities therein; I will do no falsehood, nor consent
to the doing of any in court; I will not wittingly or willingly promote or sue any groundless,

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 false or unlawful suit, or give aid nor consent to the same; I will delay no man for money
or malice, and will conduct myself as a lawyer according to the best of my knowledge and
discretion, with all good fidelity as well to the courts as to my clients; and I impose upon
myself these voluntary obligations without any mental reservation or purpose of evasion.
So help me God.”
 Pro se practice allowed in the Philippines, under Sec. 34, Rule 138 of the Revised Rules of Court

Rule 1.01 – A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.
 Q: What is moral turpitude? A: Moral turpitude includes everything done contrary to justice,
honesty, modesty or good morals. Some crimes which involve moral turpitude are robbery, rape,
estafa and falsification of documents. [1993 Bar Examination]
 Morality from the legal viewpoint: Immorality as ground for disciplinary action must be gross.
For example: a lawyer was reprimanded for engaging in an adulterous relationship but later
backtracked after knowing the man to be married [see aforementioned Ui v. Bonifacio case]; a
lawyer was disbarred for having carnal knowledge with a woman through a promise of marriage
he did not fulfill [Quingwa v. Puno, 19 SCRA 439].
 Issuing bouncing checks: a ground for disciplinary action, because it involves moral turpitude
 A recent scandal: The Supreme Court disbarred Atty. Danilo de Guzman for grave misconduct for
downloading Atty. Balgos’ test questions in mercantile law from the latter’s computer without
his knowledge and permission, and for unlawfully transmitting and distributing the stolen test
questions to some members of the Beta Sigma Lambda fraternity, for pecuniary profit and to give
them undue advantage in the 2003 Bar Examination.

Rule 1.02 – A lawyer shall not counsel or abet activities aimed at defiance of the law or at
lessening confidence in the legal system.

Rule 1.03 – A lawyer shall not, for any corrupt motive or interest, encourage any suit or
proceeding or delay any man’s cause.

Rule 1.04 – A lawyer shall encourage his clients to avoid, end or settle the controversy if it will
admit of a fair settlement.
 If a lawyer finds that his client’s cause is defenseless, it is his burden/duty to advise the latter to
acquiesce and submit, rather than traverse the incontrovertible.
 It is unprofessional for a lawyer to volunteer advice to bring a lawsuit, except in rare cases where
the blood, relationship or trust makes it his duty to do so.
 Temper client’s propensity to litigate.
 Should not be an instigator of controversy but a mediator for concord and conciliator for
compromise.
 The law violated need not be a penal law. “Moral Turpitude” – everything which is done contrary
to justice, honesty, modesty or good morals.
 Give advice tending to impress upon the client and his undertaking exact compliance with the
strictest principles of moral law.
 Until a statute shall have been construed and interpreted by competent adjudication, he is free
and is entitled to advice as to its validity and as to what he conscientiously believes to be its just
meaning and extent.
 A lawyer has the obligation not to encourage suits. This is so as to prevent barratry and
ambulance chasing.
 Barratry – offense of frequently exciting and stirring up quarrels and suits, either at law or
otherwise; Lawyer’s act of fomenting suits among individuals and offering his legal services to
one of them.

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 Ambulance Chasing – Act of chasing victims of accidents for the purpose of talking to the said
victims (or relatives) and offering his legal services for the filing of a case against the person(s)
who caused the accident(s).

CANON 2 – A lawyer shall make his legal services available in an efficient and convenient
manner compatible with the independence, integrity and effectiveness of the profession.

Rule 2.01 – A lawyer shall not reject, except for valid reasons, the cause of the defenseless or
oppressed.

Rule 2.02 – In such a case, even if a lawyer does not accept a case, he shall not refuse to render
legal advice to the person concerned if only to the extent necessary to safeguard the latter’s
rights.

Rule 2.03 – A lawyer shall not do or permit to be done any act designed primarily to solicit
legal business.
 Primary characteristics which distinguish the legal profession from business;
a. duty of service, of which the emolument is a by-product, and in which one may attain the
highest eminence without making such money;
b. a relation as an ‘officer of court’ to the administration of justice involving thorough sincerity,
integrity and reliability;
c. a relation to clients in the highest degree of fiduciary;
d. a relation to colleagues at the bar characterized by candor, fairness and unwillingness to
resort to current business methods of advertising and encroachment on their practice or
dealing with their clients.
 Defenseless – not in the position to defend themselves due to poverty, weakness, ignorance or
other similar reasons.
 Oppressed –victims of acts of cruelty, unlawful exaction, domination or excessive use of authority.

Rule on Advertisements
 General Rule: No advertisements allowed. The most worthy and effective advertisement
possible is the establishment of a well-merited reputation for professional capacity and fidelity
to trust.
Lawyers may not advertise their services or expertise nor should not resort to indirect
advertisements for professional employment, such as furnishing or inspiring newspaper
comments, or procuring his photograph to be published in connection with causes in which the
lawyer has been engaged or concerning the manner of their conduct, the magnitude of the
interest involved, the importance of the lawyer's position, and all other self-laudation.

 Exceptions/ Permissible advertisements:

1. Reputable law lists, in a manner consistent with the standards of conduct imposed by the
canons, of brief biographical and informative data, are allowed.
2. Ordinary simple professional Card. It may contain only a statement of his name, the name of
the law firm which he is connected with, address, telephone number and the special branch
of law practiced.
3. A simple announcement of the opening of a law firm or of changes in the partnership,
associates, firm name or office address, being for the convenience of the profession, is not
objectionable.
4. Advertisements or simple announcement of the existence of a lawyer or his law firm posted
anywhere it is proper such as his place of business or residence except courtrooms and
government buildings.

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 5. Advertisements or announcement in any legal publication, including books, journals, and
legal magazines.

Rule 2.04 – A lawyer shall not charge rates lower than those customarily or prescribed, unless
circumstances so warrant.
 A lawyer cannot delay the approval of a compromise agreement entered into between parties,
just because his attorney’s fees were not provided for in the agreement.
 Rule: A lawyer cannot compromise the case without client’s consent (special authority).
Exception: Lawyer has exclusive management of the procedural aspect of the litigation (e.g.
submission for decision on the evidence so far presented. But in case where lawyer is confronted
with an emergency and prompt/urgent action is necessary to protect the client’s interest and
there is no opportunity for consultation, the lawyer may compromise.)
 Rule: Refrain from charging rates lower than the customary rates.
 Valid Justification: relatives, co-lawyers, too poor

CANON 3 – A lawyer in making known is legal services shall use only true, honest, fair dignified
and objective information or statement of facts.

Rule 3.01 – A lawyer shall not use or permit the use of any false, fraudulent, misleading,
deceptive, undignified, self-laudatory or unfair statement or claim regarding his
qualifications or legal services.
 Violation of Rule 3.01 is unethical, whether done by him personally or through another with his
permission.
 A lawyer shall make only fair and dignified claims about his qualification (i.e., never make claims
to a prospective client that you have never lost a single case in your entire career).

Rule 3.02 – In the choice of a firm name, no false, misleading, or assumed name shall be used.
The continued use of the name of a deceased partner is permissible provided that the firm
indicates in all its communication that said partner is deceased.
 Abandonment of the ruling in the SyCip case [92 SCRA 1]: The previous ruling was that a law firm
could not use the name of a deceased partner. Under the present rule, the continued use of the
name of a deceased partner is permissible provided that the firm indicates in all its
communications that said partner is deceased.

Rule 3.03 – Where a partner accepts public office, he shall withdraw from the firm and his
name shall be dropped from the firm name unless the law allows him to practice law
concurrently.
 This is not an all-encompassing rule, since there are public officials who are not absolutely
disqualified from practicing law, but are only under relative disqualification.

Rule 3.04 – A lawyer shall not pay or give anything of value to representatives of the mass
media in anticipation of, or in return for, publicity to attract legal business.
 It is unethical to use the name of a foreign firm.
 Death of a partner does not extinguish attorney-client relationship with the law firm.
 Negligence of a member in the law firm is negligence of the firm.